Neighour's extension on my land

Gangstabird

I am so cross for you on all sides:mad: What are these p ricks doing then with all of the c/tax we pay if they can't even inform you correctly. Grrrrrrrrrr:mad:

space_rider

I haven`t read all the pages as there are too many.

I had the same problem about 18 years ago. We looked at the plans when it was submitted and wrote to the council about a window that would mean they could look into our bedrooms. The window was dropped from the plans.

When it was being built it was clear it was on our side and we got our deeds and unfortunately it didn`t clearly state whose land was whose. The person who was building the house only moved in a few months before he began the building and because we objected to the window we didn`t get off to a good start. We phoned the council about the extension and they weren`t interested.

I was going to post just how bad it was for us but I think it will only make you worry more. All I will say is it isn`t worth the aggro of taking it further. We tried and it just ended very badly and not just in loss of money.

I have moved out of the house but my ex husband is still there. I think the house won`t sell for as much as the other houses because of the state of the extension and its close proximity to my former home.

By the way the legal cover was a complete waste of money as it didn`t cover boundary disputes. We spent £500 in legal fees then decided to call the solicitor off.

hethmar

The thing is Vic, the planning department will say they did notify you of the building application and you had the opportunity to view it. Albeit, that application seems not to represent what actually went up. Its seems like a bloody catch 22 situation doesnt it.

I know that the Building Regs people are responsible if the structure turns out to be unsound (Ive got the photos of our NFH's foundations being filled piece meal - some times being shovelled in and shuttered off and a week later being pumped in with a different consistency and against a smooth join - also pics of him throwing in rubble and even wood to lift the concrete another foot after he didnt order enough readymix) I havent declared these but I shall if NFH's extension has cracks appear should we get a dry summer. I saw the Building Inspector come and not even lift the cover off the obvious joins which NFH had covered with lumps of brick and gravel! and he signed the foundations off)

Debt_Free_Chick

VictorMeldew wrote: »

If my neighbour had submitted a site plan showing the extension crossing the boundary, then what should the planning department have done then?

If he had submitted a plan showing the extension within his boundary, but then on site the extension crosses my fence, what should the planning department have done then?

Basically, what I'm asking is what should (if anything) the planning department have done to prevent the situation I am in now? They have told me that boundary issues are not within their remit, but surely if a building is obviously not wholly within the applicant's land (ie it crosses an existing fence) they should at least ask me if I have given my permission?

Planning department's remit is to consider whether the development is within the adopted planning policies - I guess in a shorthand way "does it look good enough to grace the neighbourhood". PP, when granted, basically says "yes, this type of development in this location is within the planning policies".

PP does nothing to address who builds it and whether that person actually owns the land. In an extreme example, there would be nothing to prevent two neighbours agreeing to a development that spans both properties. But only one party needs to apply for PP and the Planning Department would not question if the other party agreed. Also, anyone can apply for PP on anyone else's land - but if you don't own the land, you are supposed to serve a notice on the owner. So, your neighbour should have served notice on you that he was intending to apply for PP for a development on your land. Unless he genuinely did not know it would be on your land .... or is simply pleading ignorance.

Getting PP simply deals with the planning issue - in my view the boundary issue is a private/civil matter between you and the neighbour and the Planning authority actually have no right or power to intervene.

I have just spoken to the building control officer and told him about the drains (and also of the un-permitted one storey extension) he said he would come and inspect both once the drains are finished, but said I can't prevent the drains being altered even if I still wanted to.

Problem is, that Building Control only require that matters are put right - even then, they might not insist on it (depends on the issue).

Debt_Free_Chick

VictorMeldew wrote: »

Could anyone tell me what site plans are actually for? Are they specifically to avoid boundary disputes?

No - they simply identify the location of the proposed development.

Debt_Free_Chick

Victor

Just remind me .... what outcome would you ideally like?

lrr_2

I know how you feel. I had a problem a few years ago when I got a boundary fence built round my new house. A nutty neighbour came round ranting and raving claiming I had "no right building it and they had live there for years and it was their land". In the end I had to get the plans and get it measured. I was in the right. However I remember someone saying to me if I just gave that bit land away (it was small) it could cause problems when I sold. Thats why I just kept going with it or I wouldnt have bothered.

I also had another nutty neighbour (lucky me!) who wanted me to remove the shared double lapped fence between us so he could build a wall. I said no so what does he do - remove the wood from his side of the fence! WEIRDO!Then I came home one day to find that he had removed part of my fence and put in my garden "so he had room to build his wall and then he would put it back". I was furious and told him if he ever came on or removed any of my property again he would hear from my solicitor. I put the fence back up but nightmare. Needless to say we never spoke again and he has since moved! :T
Neighbours can be a nightmare! :eek:

VictorMeldew

Debt_Free_Chick wrote: »

Victor

Just remind me .... what outcome would you ideally like?

Ideally, I would like the extension to be removed from my side of the fence so that i can get my fence panel back in. Failing this I would like to be in no worse a situation now when I come to sell up as I was before it was built. ie for the boundary issue not to cause me any problems, and to get as much for the house as I would have done without the extension being there. You did say ideally!!

Bit of an update from today - I phoned the council to ask on what date did the enforcement officer that the planning officer in charge of this application referred to in his letter to me, come out to view the one- storey extension that doesn't appear on the plans. Just to remind you, I spoke to the planning officer on 9th June to tell him of the new, unplanned one-storey extension and he agreed that an enforcement visit was required. I got a letter later that week, signed by the planning officer, dated 10th June saying that an enforcement officer had visited and the site was 'wholly in accordance with the approved plans'. The plans were only approved on the 10th!

So anyway, the enforcement team had no record of anyone visiting the site (surprise, surprise - I bet no-one saw that coming!). They are now going to pay my neighbour a visit to see if the site conforms to the plans.

The only reason I'd asked the council this was so I could tell the councilor who wants to visit about the general incompetence of the planning office, but it now looks that I've inadvertently caused my neighbour a bit of trouble also. Oh well!!

ruggedtoast

You shouldnt post the names of council employees you have spoken to. If they or the council find out and disagree with your interpretation of events its really not going to help you. Plus this thread may end up locked or deleted.

I recommend an edit.

planning_officer

Agree completely with Debt Free Chick's long post above. I would just emphasise:

VictorMeldew wrote: »

If my neighbour had submitted a site plan showing the extension crossing the boundary, then what should the planning department have done then?

Got him to serve a notice on you as a joint owner of the application site.

VictorMeldew wrote: »

If he had submitted a plan showing the extension within his boundary, but then on site the extension crosses my fence, what should the planning department have done then?

If the case officer had noticed, then again, he would (should!) have got him to serve a notice on you as co-owner of the site.

VictorMeldew wrote: »

Basically, what I'm asking is what should (if anything) the planning department have done to prevent the situation I am in now? They have told me that boundary issues are not within their remit, but surely if a building is obviously not wholly within the applicant's land (ie it crosses an existing fence) they should at least ask me if I have given my permission?

Nope, unfortunately (as DFC says above), land ownership and boundary issues are irrelevant to the planning process. They won't ask if you have given permission as it's not their business and anyway, any planning permission granted doesn't override any land ownership issues.

For example, I could apply to extend your house (I would serve notice on you as the owner of the land). The fact that I don't own your property makes no difference - the planning dept are assessing the planning merits of the extension (visual appearance, impact on neighbours etc). If I got planning permission, I couldn't just go ahead and build it without your permission, as you own the land.